Skip to main content
NOTICE OF MOTION

Sunil C. Thadani - Applicant - Saldanha Realty Infrastructure LLPVsHaresh Chetan Thadani And Anr

CNR MHCC0100439520187-COURT 07 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 08th December 2020

TrustJury record updated 11 Sept 2026

Case Overview

Registration Number
101395/2018
Registration Date
04 Apr 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Public Premises (Eviction of Unauthorised Occupants) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 23-04-2018
    Business: None Present for the Plff.
    Deft no.1 inperson Present.
    Adv. Omkar Present for the Applicant.
    Adv. for the Applicant filed Registered NM 1395/18 alongwith affidavit. t.o.r
    Ld counsel for the Applicant filed Service affidavit of NM 1395/18. t.o.r.
    Deft no.1  Inperson sought time to file reply to NM 1395/18.
    Adj. for Reply of NM 1395/18 alongwith hearing of Report of NM on 06/06/2018.
    Next Purpose: REPLY
    Next Hearing Date: 06-06-2018
    
    Date: 06-06-2018
    Business: Adv Ms. Neha Pandey for plff. Present.
    Adv Mr.Omkar Geet for deft. Present.
    Defendant no.1 in person present.
    Adv Ms.Nichhani for applicant present.
    At the request of deft no.1 matter is adjd. For filing reply on NM.
    Adjd. To 09.07.2018 for NM reply.
    Next Purpose: REPLY
    Next Hearing Date: 09-07-2018
    
    Date: 09-07-2018
    Business: None for plff.
    Deft no. 1 in person present.
    Adv Mr. Padwal for deft nos. 2A and 2B present.
    Adv Mr. Omkar Geedh for applicant in Notice of Motion no. 1395/2018 present.
    Deft no. 1 filed on record reply to Notice of Motion no. 1395/18. TOR . Copy supplied to other side. Adv for deft. no. 2A (Natasha Trilokani) and 2B( Suresh Chainani)  filed on record reply to the Notice of Motion no. 1395/18. Copy tendered to other side. ( Though the  said reply is TOR, deft. No. 2B Suresh Chainani is not made party by the applicant in NM  1395/18 )
    Ld. Adv for the applicant in Notice of Motion no. 1395/18 seek leave to add defendant no. 2B as party in the said Notice of Motion.
    Adv. Ms. Saumya Brajmohan for third party applicant Pushpa Hariramani in Notice of Motion no. 1395/18 tendered draft Notice of Motion. Leave to register granted.
    Adjd. For hearing of Notice of Motion no. 1395/18 and for service of draft Notice of Motion on 05.09.2018.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-07-2018
    
    Date: 27-07-2018
    Business: NOB TOB
    Writ received from Honble High Court bearing W.P no.13710/2017 with W.P no.296/18
    Already adjourned to 05.09.2018.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-09-2018
    
    Date: 05-09-2018
    Business: Plaintiff Present.
    Adv. Mr. Sandeep Sharma for Plaintiff Present and submitted that, advocate is on record, is no more and plaintiff is desires to appoint solicitors.
    As Plaintiff advocate died. Plaintiff to appoint to new advocate.
    Adv. Rahul Soman in N.M 2998/18 for applicant Present and filed registered N.M. 2998/18 alongwith Affidavit of service are t.o.r Adv. Nichani for defendant nos. 2-A to 2-B Present and filed reply to N.M. no. 2998/18 is t.o.r.Adv. R.S. Tirpathi for defendant no. 1  Present Adv. Almeda for applicant in N.M No. 1395/18 Present and filed rejoinder to reply filed defendant no. 1 in NM 1395/18. is t.o.r Rejoinder to reply filed by defendant no. 2-A and 2-B in NM 1395/18. is t.o.r Copies are served on each parties. Adjd to 09/10/2018 for Plaintiff appointment of advocate
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 09-10-2018
    
    Date: 05-09-2018
    Business: Plaintiff Present.Adv. Mr. Sandeep Sharma for Plaintiff Present and submitted that, advocate is on record, is no more and plaintiff is desires to appoint solicitors.  As Plaintiff advocate died. Plaintiff to appoint to new advocate. Adv. Rahul Soman in N.M 2998/18 for applicant Present and filed registered N.M. 2998/18 Affidavit of service are t.o.r
    Adv. Nichani for defendant nos. 2-A to 2-B Present and filed reply to N.M. no. 2998/18 is t.o.r. Adv. R.S. Tirpathi for defendant no. 1  Present
    Adv. Almeda for applicant in N.M No. 1395/18 Present and filed rejoinder to reply filed defendant no. 1 in NM 1395/18. is t.o.r Rejoinder to reply filed by defendant no. 2-A and 2-B in NM 1395/18. is t.o.r Copies are served on each parties. Adjd to 09/10/2018 for Plaintiff appointment of advocate
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 09-10-2018
    
    Date: 09-10-2018
    Business: Defendant no. 1 Present and submitted that, Plaintiff is his brother and he is not keeping well due to Eye Infection from last three weeks.
    Adv. Neha Pandey h/f Adv. Sandeep Sharma for Plaintiff Present and submitted that, as plaintiff is ill, his Vakalatnama is not received
    and time be granted to file V.P of plaintiff.
    Adv. Ms. Nichani for defendant nos. 2-A to 2-B Present.
    Adv. Mr. Rahul Soman for applicant in N.M. 2998/18 Present.
    Adv. Mr. V. Almeda for applicant in N.M. 1395/18 Present.
    ORDER  Suit is of 1989. Granted as last chance to file Vakalatnama on behalf of Plaintiff and Plaintiff is also directed to remain present on next date.
    Adjd to 03/12/2018 for filing Vakalatnama of Plaintiff and filing reply by defendant no. 1 to N.M. no. 2998/18
    Next Purpose: REPLY
    Next Hearing Date: 03-12-2018
    
    Date: 03-12-2018
    Business: Plaintiff in person Present and seeking time to file V.P. as his earlier advocate is no more.
    ORDER Already last chance was granted to Plaintiff for filing Vakalatnama and he was directed to remain present on next date. Accordingly today he is remain present. Granted one more chance.
    Adv. Mr. Anil Lulla for defendant nos. 2-A and 2- B Present.
    Adv. Ms Vaishali Chaturveide for applicant in N.M. 2998/18 Present.
    Adv. Mr. Almeda for applicant in 1395 of 2018 Present.
    Defendant no. 1 Present and filed reply to N.M. 2998 of 2018 is tor
    Copy of N.M. No. 2998/18 and N.M 1395/18 are served on Plaintiff.
    Adjd to 04/01/2019 for reply to N.M. of Plaintiff and engaging adv
    Next Purpose: REPLY
    Next Hearing Date: 04-01-2019
    
    Date: 04-01-2019
    Business: Defendant no. 1 Present. Adv. Mr. Sharma for Plaintiff Present and filed Vakalatnama is t.o.r. and marked as Exh. 10. ORDER Filed.
    Adv. Mr. Omkar Almeda for applicant in N.M 1395/18 Present.
    Adv. Ms. Nichani for defendant nos. 2-A to 2-B Present.
    Adv. Ms. Vaishali Chaturvedi for applicant in N.M 2998/18 Present. Defendant no. 1 Present. Adv. for Plaintiff submitted that, today he filed Vakalatnama so time be granted for hearing on N.M. Granted.
    Adjd to 11/02/2019 for reply to N.M
    Next Purpose: REPLY
    Next Hearing Date: 11-02-2019
    
    Date: 11-02-2019
    Business: Adv. Mr. Sharma for Plaintiff Present and seeking time to file reply to N.M. Time Granted.
    Adv. Ms. Saumya  Brijmohan for applicant in N.M 2998/18 Present.
    Adv. Kumar Nichani for defendant nos. 2-A to 2-B Present.
    Defendant no. 1 Present.
    Adjd to 13/03/2019 for reply to N.M
    Next Purpose: REPLY
    Next Hearing Date: 13-03-2019
    
    Date: 13-03-2019
    Business: P.O. is on Leave
    Next Purpose: REPLY
    Next Hearing Date: 30-04-2019
    
    Date: 30-04-2019
    Business: Adv. Rahul Soman for applicant in N/M No.2998/18 present.
    Adv. Almeda for applicant in N/M No.1395/18 present.
    Adv. Pankaj Kawali for deft.no.1 present.
    Deft. present.
    Adv. Nichani for D/2a and 2d present.
    Adv. Sharma for plff. present and filed reply to N/M No.2998/18 and 1395/18.
    Served copy of reply to advocates who are present before the court.
    Adjd. To 11.06.2019 for hearing on N/M No.2998/18 and 1395/18.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-06-2019
    
    Date: 11-06-2019
    Business: Adv. for plff present.
    Deft. no. 1 present. Adv. absent.
    Adv. for deft. no. 2a and 2b present.
    Adv. Saumya Brijmohan @ Adv. Vaishali Chaturvedi i/b M/s Solomone Co. for applicant in n/m 2998/18 present.
    Adjd. to 02.07.2019 for n/m hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-07-2019
    
    Date: 02-07-2019
    Business: Due to Heavy Rain. Staff is absent.
    Therefore, Board is Discharge
    Matter is Adjd for N/M Hearing to 13/08/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-08-2019
    
    Date: 13-08-2019
    Business: Matter called out (2.39pm)
    Adv.V.A. Almeda for applicant in N/M No.1395/18 present.
    Adv.Neha Pandey h/f Adv.Sandeep Sharma for plaintiff present.
    Adv.Pankaj Kowli for defendant no.1 present.
    Adv. Nichani for defendant no.2(a) and 2(d) present.
    Heard both the side on N/M No.2998/18.
    Matter adj for order on N/M No.2998/18 and hearing on N/M No.1395/18 on 14/08/19.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 14-08-2019
    
    Date: 14-08-2019
    Business: Matter called out (12.11pm)
    Adv.V.A. Almeida for applicant in N/M No.1395/18 present.
    Adv.R.S.Tripathi for defendant no.1present.
    F.R.S.R following order is passed on N/M No.2998/18
    ORDER
    1.Notice of Motion No. 2998 of 2018 is hereby rejected with subject to the payment of cost of Rs. 5,000/- to be payable by the applicant to the DLSA.
    2.Notice of Motion No. 2998 of 2018 is disposed off accordingly.
    Matter adj for hearing on N/M No.1395/18 on 07/09/19.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-09-2019
    
    Date: 07-09-2019
    Business: Matter called out(2.56pm)
    Adv.V.A.Almeida for applicant present.
    Adv.Sandeep Sharma for plaintiff present.
    Adv.R.S.Tripathi for defendant no.1 filed compilation. T.O.R
    Matter adj for hearing on N/M No.1395/18 on 19/09/19.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-09-2019
    
    Date: 19-09-2019
    Business: Matter called out(3.24pm)
    Adv.V.A.Almeida for applicant present.
    Adv.Pankaj Kowli a/w Adv.Sandeep Sharma for present present.
    Adv.R.J.Tripathi for defendant no.1 present.
    Adv.Ms.R.C.Nichani for defendant no.2(a) to 2(b) present.
    Ujwala Sankpal section officer court received present.
    Matter is adj for hearing on N/M on 16/10/19.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-10-2019
    
    Date: 16-10-2019
    Business: Matter called out(2.54pm)
    Adv.Arvind Giriraj a/w Adv.V.Almeida i/b Omkar Geedh applicant present.
    Adv.Sandeep Sharma for plaintiff present.
    Adv.R.S.Tripathi for defendant no.1 present.
    Adv.R.C.Nichani for defendant no.2(a) and 2(b) present tendered draft Notice of Motion alongwith affidavit.O-Leave is granted to register the Notice of Motion.
    Copy serve to the plaintiff and officer of court receiver and defendant no.1.
    Draft notice of motion handed over to the advocate for defendant
    no.2(a) and 2(b) for registration.
    Ujwala S.Sankpal section officer court receiver office present.
    At the request of plaintiff matter kept back.
    Second time matter called out(4.40pm)
    Adv.Arvind Giriraj a/w Adv.V.Almeida i/b Omkar Geedh applicant present.
    Adv.Sandeep Sharma for plaintiff present.
    Adv.R.S.Tripathi for defendant no.1 present.
    Adv.R.C.Nichani for defendant no.2(a) and 2(b) present.
    Ujwala S.Sankpal section officer court receiver office present.
    Court receiver present in the court they are directed to visit to suit premises and file present status report on or before 23/11/2019.
    Matter is adj to 23/11/19 for hearing on N/M.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-11-2019
    
    Date: 23-11-2019
    Business: Matter is called out at 3.01
    Adv Sandeep Sharma for Plaintiff present.
    Adv Tripathi for defendant present.
    Plff tendered registered NM No.4007/19 taken on record. Copy already served to other side. Deft no.1 seeking time to file reply.
    The applicant  to NM No.1395/18 present.
    Receiver already furnished the report. TOR and marked as Exh.11.
    Receiver is unable to attend the court.
    Matter adjd for NM hearing to 13/12/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-12-2019
    
    Date: 13-12-2019
    Business: Matter is called out at 3.00pm
    Adv.Giriraj for applicant present.
    Adv.P.D.Gandhi for plaintiff present tendered reply on N/M No.4007/19.T.O.R.
    Copy serve to the other side.
    Adv.R.S.Tripathi for defendant no.1 present filed reply on N/M No.4007/19.T.O.R.
    Copy serve to the other side.
    Defendant no.2 present.(Suresh Chandani)
    (Rucha Ambekar) Court receiver present she is already filed report on last occasion.
    Matter is adj to 10/01/2020 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-01-2020
    
    Date: 10-01-2020
    Business: Matter is called out at 2.52pm
    Adv.Yashvi Panchal for plaintiff present.
    Adv.R.C.Tripathi for defendant no.1 present.
    Adv.R.C.Nichani for defendant no.2a and 2b present she filed rejoinder on N/M No.4007/19.T.O.R
    Copy supplied to the other side.
    Rucha Ambekar, Section Officer present for Court Receiver.
    Matter is adj to 31/01/2020 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 31-01-2020
    
    Date: 31-01-2020
    Business: Court is busy hearing on N/M No.3485 of 2019, N/M No.3486 of 2019 and N/M No.3506 of 2019.
    Adv.V.A.Almeida i/b Omkar Geedh for applicant present.
    Adv.Preet Chawda for plaintiff present.
    Adv.R.C.Nichani for defendant no.1(a) and 1(b) present.
    Defendant no.1 present.(Haresh Thadahani).
    Rucha Ambekar, Section Officer present for Court Receiver.
    Matter is adj to 06/03/2020 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-03-2020
    
    Date: 06-03-2020
    Business: Matter is called out at 3.34pm
    Adv.V.A.Almeida a/w Adv.Arvind Giriraj i/b Omkar Geedh for applicant in N/M No.1395/18.
    Adv.Pradeep Gandhy for plaintiff present.
    Adv.R.S.Tripathi i/b Ganesh and Company for def. no.1 present.
    Adv.R.C. Nichani for defendant no.2 present.
    Mr.Govind R.Honmane representative of court receiver present.
    All the parties inform that, they do not want to lead evidence.
    By consent.
    Matter is adj to 28/03/2020 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-03-2020
    
    Date: 28-03-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-04-2020
    
    Date: 21-04-2020
    Business: NATIONAL LOCKDOWN.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-06-2020
    
    Date: 01-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-06-2020
    
    Date: 18-06-2020
    Business: Due to Corona Pandemic, it seems that parties are absent hence case adjourned to 14.08.2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-08-2020
    
    Date: 14-08-2020
    Business: National lockdown
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-09-2020
    
    Date: 21-09-2020
    Business: Plaintiff and his advocate absent.
    Defendant no.1 in present.
    Matter is adj to 21/10/2020 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-10-2020
    
    Date: 21-10-2020
    Business: Due to Covid-19 none present.
    Matter is adj for argument on 16.12.2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-10-2020
    
    Date: 27-10-2020
    Business: NOB TOB
    Section Officer of Court Receiver Mrs. Rucha Ambekar  present.
    The Court Receiver namely Shri. D.N.Kher filed its report seeking certain directions from this Court.  Hence, issue notices to the concern parties.  The Section Officer of the Court Receiver Mrs. Rucha Ambekar undertakes to inform the concern parties.  Hence, matter be kept on 28.10.2020.
    Parties to act on Authenticated copy.
    Matter is adj to 28/10/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-10-2020
    
    Date: 28-10-2020
    Business: Matter called out(11.30am)
    Adv.Sandip Sharma for plaintiff present.
    Adv.Mr.Nitin G.Raut a/w Adv. Mrs.G.P.Vas i/b P.Vas and Company for Meenakshi Apartments present.
    Defendant no.1 in person present.
    Rucha Ambekar, Section Officer present for Court Receiver.
    Heard all the parties. Parties are seeking time to put forth proper statement before the court. Hence, Matter is adj to 02/11/2020 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-11-2020
    
    Date: 02-11-2020
    Business: Matter called out(11.10am)
    Adv.Sandip Sharma for plaintiff present.
    Adv.Mr.Nitin G.Raut a/w Adv. Mrs.G.P.Vas i/b P.Vas and Company for Meenakshi Apartments present.
    Adv.Pankaj Kowli i/b Ganesh and Company for defendant no.1 present.
    Defendant no.1 in person present.
    Adv. Nichani for defendant no.2(a) and 2(b) present.
    Rucha Ambekar, Section Officer present for Court Receiver.
    Heard both the side.
    ORDER
    Application Exh-12 disposed off.
    Matter is adj to 07/12/2020 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-12-2020
    
    Date: 07-12-2020
    Business: Matter called out(11.31am)
    Adv.Sandeep Sharma for plaintiff present.
    Adv.Mr.Pankaj Kawli for defendant no.1 present.
    Adv.R.C. Nichani for defendant no.2 present.
    Adv.Adv.Arvind Giriraj i/b Omkar Geedh for applicant in N/M No.1395/18.
    Matter kept back.
    Second time matter called out(11.44am)
    Adv.Sandeep Sharma for plaintiff present.
    Adv.Mr.Pankaj Kawli for defendant no.1 present.
    Adv.R.C. Nichani for defendant no.2 present.
    Adv.Adv.Arvind Giriraj i/b Omkar Geedh for applicant in N/M No.1395/18.
    Heard Ld.Adv. for def.no.2.
    Due to recess matter kept back.
    Third time matter called out(2.16pm)
    Adv.Sandeep Sharma for plaintiff present.
    Adv.Mr.Pankaj Kawli a/w Adv.R.S.Tripathi i/b Ganesh and Company for defendant no.1 present.
    Adv.R.C. Nichani for defendant no.2 present.
    Adv.Adv.Arvind Giriraj i/b Omkar Geedh for applicant in N/M No.1395/18.
    Heard both the side.
    Matter is adj to 08/12/2020 for N/M No.1395/18 order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 08-12-2020
    
    Date: 08-12-2020
    Business: Matter called out(2.31pm)
    Defendant no.1 in person present.
    Adv.Adv.Arvind Giriraj i/b Omkar Geedh for applicant in N/M No.1395/18.
    F.R.S.R following order is passed on N/M No.1395/2018
    ORDER
    1.Notice of Motion No. 1395 of 2018 is hereby dismissed with cost of Rs. 10,000/-.
    2.The applicant to pay the aforesaid cost within one month to the defendant no. 1 and 2 who are entitle the same equally.
    3.Notice of Motion No. 1395 of 2018 is disposed of accordingly.
    Nature Of Disposal: DISMISSED
    Disposal Date: 08-12-2020

    Additional Case Details

    Additional Case Details
    Filing Number: 104833/2018
    Filing Date: 04-04-2018
    First Hearing Date: 23rd April 2018
    Decision Date: 08th December 2020
    Court Number And Judge: 7-COURT  07 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    08 Dec 2020

    Order Details: Notice of Motion Pdf Text: NM 1395-18 in Court Receiver Report 3 of 2017 Suit no.9812 of 1989 H.C.Suit No. 3349 of 1989 1 Date :08.12.2020 IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI NOTICE OF MOTION NO. 1395 OF 2018 IN COURT RECEIVER REPORT NO. 3 OF 2017 IN SUIT NO. 9812 OF 1989 H.C. SUIT NO. 3349 OF 1989 (CNR MHCC01-004395-2018) Saldana Realty and Infrastructure LLP. .. Applicant And Sunil C. Thadani .. Plaintiff Versus…

    Read Full Order
    Order 1Full order available
    08 Dec 2020

    Order Details: Notice of Motion Pdf Text: NM 1395-18 in Court Receiver Report 3 of 2017 Suit no.9812 of 1989 H.C.Suit No. 3349 of 1989 1 Date :08.12.2020 IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI NOTICE OF MOTION NO. 1395 OF 2018 IN COURT RECEIVER REPORT NO. 3 OF 2017 IN SUIT NO. 9812 OF 1989 H.C. SUIT NO. 3349 OF 1989 (CNR MHCC01-004395-2018) Saldana Realty and Infrastructure LLP. .. Applicant And Sunil C. Thadani .. Plaintiff Versus…

    Read Full Order

    TrustJury presents public court-record information for legal discovery and reference. Record availability and detail can vary by source and case.